123ArticleOnline Logo
Welcome to 123ArticleOnline.com!

ALL >> Legal >> View Article

Brain Injuries And Legal Liability

By Author: R. Klettke
Total Articles: 49

Who Bears Legal Liability for Brain Injuries?


Traumatic brain injuries are devastating to one’s health, enjoyment of life and finances. When someone else’s negligence caused the injury, they are liable for its costs.


There are many different causes of brain injuries: About half are from auto accidents, but what is referred to as TBIs – traumatic brain injuries – can come from simple slip-and-fall accidents, industrial or workplace mishaps, violent impacts in sports and recreation, and criminal acts such as a blow to the head or a bullet wound. A brain injury usually follows an impact to the head, but severe shaking of the body can also damage brain tissue.


What individuals with TBI share are disabilities that can affect them the remainder of their lives. In addition to severely reduced or eliminated lifetime earnings, the individual suffering a brain injury will experience medical costs, expenses related to therapy and caregiving, and pain and suffering.


Whenbrain injury is caused by someone else’s mistake, the injured individual should recover these losses through litigation.Consider these specific scenarios where the liability lies with another person’s mistake:

Negligent (including DUI) driving – As it happens in a large percentage of cases, an individual’s decision to drive recklessly or while under the influence of drugs or alcohol can inflict catastrophic damage on others.

Poorly supervised athletics – Evidence mounts that amateur and professional sports can cause meaningful brain damage over time. But bad coaching, negligent oversight of athletic facilities or faulty equipment can cause immediate and serious brain injury.

Medical error – For example, “off label” use of Botox as encouraged by its manufacturer has been found responsible for a severe brain injury suffered by a Virginia man.The jury awarded him $12 million, in part to cover his 24-7 care.

The work of the brain injury lawyer is to identify the cause of the injury and who bears liability for that cause. A simple slip-and-fall on a stairway at home is usually the misstep of the victim. But if negligent hospital treatment of that individual is found to have worsened the effect of the fall – perhaps when a decompressivecraniectomy is mistakenly used –some liability can fall on the healthcare provider.


A personal injury attorney with brain injury experience can guide the injured and his or her family through the process of determining lifetime costs and the lawsuit itself. Expert counsel is almost always required in such cases.

Total Views: 130Word Count: 397See All articles From Author

Legal Articles

1. 7 Keys To Improving Lead Conversion For Personal Injury Lawyers
Author: barakallen

2. Hire Drug Possession Lawyer Houston To Safeguard Your Constitutional Rights
Author: arricsmith

3. For Child Support Issues, Consult The Springfield Missouri Child Support Lawyers In Greene County
Author: Kirk C. Stange, Esq.

4. Why Is It Important To Contact An Attorney In Phoenix?
Author: chrissamola

5. Overview Of The Ins And Outs Of Settling A Car Accident Claim In Scottsdale
Author: krinomid

6. Seattle Insurance Lawyer To Settle Accident Claims
Author: Chris Thayer

7. Four Crucial Complications That Can Result Immediately After Ivc Filter Transplant
Author: Nick Feizy

8. Who Do I Sue After A Car Accident In Tucson?
Author: danielrhien

9. Check Criminal Records
Author: CPUSW

10. Knowing More About Forfeiture And Bail Bonds
Author: Emily Stone

11. What Does It Take To Hire A Car Accident Attorney
Author: ABetter UCBD

12. Requirements For Proving “inability To Present The Case” - Enforcement Of Foreign Awards
Author: S Ravi Shankar

13. Amazing Guide To Hire The Accident Attorney
Author: Chris Thayer

14. Can You Still Recover Damages - If You Were Not Wearing A Seatbelt
Author: treynoralan

15. St Louis Missouri Divorce Lawyers Can Help You Rebuild Your Life
Author: kirk c stange

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: